Is it legal for a landlord to not renew a lease and evicta tenant because the septic tank isn’t functioning?

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Is it legal for a landlord to not renew a lease and evicta tenant because the septic tank isn’t functioning?

Asked on February 18, 2012 under Real Estate Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are two very different issues here.  First, it is not mandatory that either party renew the lease unless the lease has an automatic renewal term in it.  So the landlord does not have to give any reason for not renewing.  The non working septic tank is a different issue dealing with habitability.  It is unclear here if the tank was also non-working during the tenancy and if it interferred with your tenancy.  But if it just broke and he does not want to go through the trouble of fixing it and then renting he has the right.  Good luck.


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